Is the Lottery a state agency?

No. In the New Mexico Lottery Act, the Legislature declared that "the most desirable, efficient and effective mechanism for operation of a state lottery is an independent lottery authority organized as a business enterprise separate from state government, without need for state revenues or resources and subject to oversight, audit and accountability by public officials and agencies."

As a result, it established the New Mexico Lottery Authority as a government instrumentality, separate and apart from the state, governed by a board of seven directors, who are appointed by the Governor. The Lottery is subject to oversight by the Legislative Finance Committee.